39–006 

113TH CONGRESS REPT. 113–335 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

AMENDING PUBLIC LAW 106–206 TO DIRECT THE SECRETARY OF THE INTERIOR AND THE SECRETARY OF AGRICULTURE TO REQUIRE ANNUAL 

PERMITS AND ASSESS ANNUAL FEES FOR COMMERCIAL FILMING ACTIVITIES ON FEDERAL LAND FOR FILM CREWS OF 5 PERSONS OR FEWER 

JANUARY 29, 2014.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 2798] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 2798) to amend Public Law 106–206 to direct the Secretary of the Interior and the Secretary of Agriculture to require 

annual permits and assess annual fees for commercial filming activities on Federal land for film crews of 5 persons or fewer, having 

considered the same, report favorably thereon without amendment 

and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 2798 is to amend Public Law 106–206 to direct the Secretary of the Interior and the Secretary of Agriculture 

to require annual permits and assess annual fees for commercial 

filming activities on Federal land for film crews of 5 persons or 

fewer. 

BACKGROUND AND NEED FOR LEGISLATION

Public Law 106–206 was enacted on May 26, 2000, and required 

the Secretary of the Interior and the Secretary of Agriculture to establish a permit and fee system for commercial filming activities on 

federal lands under their jurisdiction. The law required that the 

fees provide a fair return to the U.S. and be based on: the number 


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of days of filming; the size of the film crew; and the amount and 

type of equipment present. It also allowed the Secretaries to include other factors deemed necessary when determining the fee. 

The law also allowed the Secretaries to recover costs as a result 

of the filming in addition to the fee, including but not limited to 

administrative and personnel costs. The Secretaries were not authorized to charge a fee for still photography if it was conducted 

in public areas. However, a fee could be charged if the still photography occurred in nonpublic areas or if additional administrative 

costs were likely, or if props or models not part of the site’s natural 

or cultural resources or administrative facilities are used. 

The Secretaries were required to establish a process to ensure 

the timely processing of a permit application. They were also prohibited from issuing a permit if the filming or still photography 

was likely to damage resources, create unreasonable disruption of 

public use or enjoyment of the site, or the activity posed a health 

or safety risk to the public. 

On December 14, 2000, the National Park Service issued a notice 

in the Federal Register requesting comments on a proposed landuse fee system for commercial filming and still photography for all 

of its units. Comments on the proposal included: 1) a fee for each 

person was confusing; 2) the proposed fees were too high; 3) charge 

less for still photography than commercial filming; and 4) charge 

only one fee per day, regardless of how many sites were used, rather than a fee per day per location. After the comment period ended, 

the Department of the Interior decided to create a fee schedule for 

still photography and commercial filming for all of its agencies. The 

Department created a task force to develop the fee structure. 

The Administration did not issue a proposed rule to implement 

Public Law 106–206 until August 20, 2007. The Committee on Resources held an oversight hearing on ‘‘New Fees for Filming and 

Photography on Public Lands’’ on December 12, 2007. Witnesses at 

the hearing testified that portions of the proposed rule appeared to 

be contrary to the law it was implementing. In particular, the proposed rule would apply fees to still photography and potentially impede news activities through fees and permit requirements. Other 

testimony stated the current fee structure is inequitable and inherently unfair because it doesn’t distinguish between the size of a 

film crew—an individual’s fee is the same as the fee applied to a 

film crew of 30. The Department of the Interior testified it was 

working to reconcile the requirements of the law and the complexity of the diverse missions of its various agencies and bureaus. 

The Administration issued a final rule proposing the new fee 

structure on August 22, 2013. Fees for 1 to 3 people with a tripod 

and camera only for commercial filming and still photography 

would be $10 per day or $250 per month. In addition, the fee for 

1 to 5 people with more than a camera and tripod for commercial 

filming would be $75 per day and for still photography $50 per day. 

Concerns have been raised regarding the rule’s proposed fee structure and are similar to those heard at the December 2007 hearing: 

namely, media activities could be impeded; and, while the rule distinguishes fees between 1 and 30 people, the fees could be prohibitive and could push potential film production activities outside the 

United States. 


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H.R. 2798 would amend Public Law 106–206 to establish a special rule for film crews of 5 persons or less. The bill would require 

the Secretaries to assess an annual permit fee of $200 for commercial filming activities or similar projects on federal lands and waterways administered by the Secretaries. The permit would be 

valid for commercial filming activities or similar projects that occur 

in public use areas during open hours on all federal lands and waterways for a 12–month period beginning on the date the permit 

is issued. The bill would prohibit the Secretaries from charging additional fees for commercial filming activities or similar projects in 

public use areas during open hours for the effective period of the 

permit. The bill also would not allow the Secretaries to prohibit the 

use of cameras or related equipment used for commercial filming 

or other projects, subject to these provisions, on federal lands or 

waterways. 

COMMITTEE ACTION

H.R. 2798 was introduced on July 23, 2013, by Congressman 

Robert E. Latta (R–OH). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittees on Fisheries, Wildlife, Oceans and Insular Affairs and Public 

Lands and Environmental Regulation. In addition, the bill was referred to the Committee on Agriculture. On August 2, 2013, the 

Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs 

held a hearing on the bill. On November 14, 2013, the Natural Resources Committee met to consider the bill. The Subcommittees on 

Fisheries, Wildlife, Oceans and Insular Affairs and Public Lands 

and Environmental Regulation were discharged by unanimous consent. No amendments were offered, and the bill was adopted and 

ordered favorably reported to the House of Representatives by a 

roll call vote of 19 to 15, as follows: 


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COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 2798—A bill to amend Public Law 106–206 to direct the Secretary of the Interior and the Secretary of Agriculture to require 

annual permits and assess annual fees for commercial filming 

activities on federal land for film crews of five persons or fewer 

H.R. 2798 would require the Secretaries of the Interior and Agriculture to charge an annual permit fee for small crews that conduct 

commercial filming activities on certain federal lands. Based on information provided by the affected agencies, CBO estimates that 

implementing the bill would have no significant impact on discretionary spending. CBO estimates that enacting H.R. 2798 would affect offsetting receipts, which are treated as reductions in direct 

spending, and associated direct spending; therefore, pay-as-you-go 

procedures apply. However, we estimate that the net effect of those 

changes would be minimal. Enacting the bill would not affect revenues. 

The bill would require the Secretaries to charge a permit fee of 

$200 a year for crews of five persons or fewer that conduct commercial filming activities on certain federal lands. Under current law, 

some of the affected agencies collect fees for those activities and additional amounts to recover any costs the agencies incur in administering such activities. Those agencies are authorized to spend 

those amounts without further appropriation. CBO expects that, 

under the bill, certain film crews would pay less than the amounts 

required under current law and others would pay more. However, 

because the affected agencies would have the authority to spend 

any proceeds from fees established under the bill, we estimate that 

enacting H.R. 2798 would have a negligible net impact on direct 

spending. 

H.R. 2798 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 


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2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

Based on information provided by the affected agencies, CBO estimates that implementing the bill would have no significant impact 

on discretionary spending. CBO estimates that enacting H.R. 2798 

would affect offsetting receipts, which are treated as reductions in 

direct spending, and associated direct spending; therefore, pay-asyou-go procedures apply. However, CBO estimates that the net effect of those changes would be minimal. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to amend Public Law 106–206 to direct the Secretary 

of the Interior and the Secretary of Agriculture to require annual 

permits and assess annual fees for commercial filming activities on 

Federal land for film crews of 5 persons or fewer. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 


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PUBLIC LAW 106–206 

AN ACT To allow the Secretary of the Interior and the Secretary of Agriculture to 

establish a fee system for commercial filming activities on Federal land, and for 

other purposes. 

SECTION 1. COMMERCIAL FILMING. 

(a) COMMERCIAL FILMING FEE.—øThe Secretary of the Interior¿ 

(1) IN GENERAL.—Except as provided by paragraph (3), the Secretary of the Interior and the Secretary of Agriculture (hereafter individually referred to as the ‘‘Secretary’’ with respect to lands 

under their respective jurisdiction) shall require a permit and shall 

establish a reasonable fee for commercial filming activities or similar projects on Federal lands administered by the Secretary. Such 

fee shall provide a fair return to the United States and shall be 

based upon the following criteria: 

ø(1)¿ (A) The number of days the filming activity or similar 

project takes place on Federal land under the Secretary’s jurisdiction. 

ø(2)¿ (B) The size of the film crew present on Federal land 

under the Secretary’s jurisdiction. 

ø(3)¿ (C) The amount and type of equipment present. 

(2) OTHER CONSIDERATIONS.—The Secretary may include other 

factors in determining an appropriate fee as the Secretary deems 

necessary. 

(3) SPECIAL RULES FOR FILM CREWS OF 5 PERSONS OR

FEWER.— 

(A) For any film crew of 5 persons or fewer, the Secretary 

shall require a permit and assess an annual fee of $200 for 

commercial filming activities or similar projects on Federal 

lands and waterways administered by the Secretary. The 

permit shall be valid for commercial filming activities or 

similar projects that occur in areas designated for public 

use during public hours on all Federal lands waterways 

administered by the Secretary for a 12-month period beginning on the date of issuance of the permit. 

(B) For persons holding a permit described in this paragraph, the Secretary shall not assess, during the effective 

period of the permit, any additional fee for commercial 

filming activities and similar projects that occur in areas 

designated for public use during public hours on Federal 

lands and waterways administered by the Secretary. 

(C) In this paragraph, the term ‘‘film crew’’ includes all 

persons present on Federal land under the Secretary’s jurisdiction who are associated with the production of a certain 

film. 

(D) The Secretary shall not prohibit, as a motorized vehicle or under any other purposes, use of cameras or related 

equipment used for the purpose of commercial filming activities or similar projects in accordance with this paragraph on Federal lands and waterways administered by 

the Secretary. 

(b) RECOVERY OF COSTS.—The Secretary shall also øcollect any 

costs¿ recover any costs incurred as a result of filming activities or 

øsimilar project¿ similar projects, including but not limited to adVerDate Mar 15 2010 06:19 Jan 30, 2014 Jkt 039006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\HR335P1.XXX HR335P1

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ministrative and personnel costs. All costs recovered shall be in addition to the fee assessed in subsection (a). 

* * * * * * * 


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(9) 

DISSENTING VIEWS 

H.R. 2798 seeks to establish a blanket $200 fee for commercial 

film crews of five persons or less to shoot on public lands under the 

management of the Secretaries of Interior and Agriculture. We oppose this legislation, because it creates a loophole that would allow 

motorized vehicles in wilderness areas, creates uncertainty over 

which agency would issue the permit and to which lands it would 

allow access, and preempts the fee schedule for public lands filming 

that the agencies recently finalized. 

Pursuant to P.L. 106–206, the U.S. Forest Service, National Park 

Service, Bureau of Land Management, and U.S. Fish and Wildlife 

Service have recently proposed a fee schedule for filming on public 

lands. The public comment period on the final rule closed September 23, 2013, and the fee schedule is expected to go into effect 

by the end of the year. The proposed fee schedule is not burdensome, with rates of $10 per day for film crews of one to three people. The rule will allow agencies to ‘‘provide a fair return to the 

United States’’ as required in the law, and will allow them to adjust the fees annually for inflation. By contrast, the blanket fee envisioned by H.R. 2798 is not pegged to inflation, and therefore 

would provide a lower return over time. 

Further, H.R. 2798 does not specify whether one blanket permit 

would cover all public lands, or just those managed by the issuing 

agency. However, it is clear the bill would provide unlimited use 

of publicly-accessible lands covered under the permit by film crews. 

Finally, section 2(a) of the bill would insert a new subsection 

(3)(D) into the current statute creating a loophole which would 

allow the use of motorized vehicles on any federal land or waterway, including in designated wilderness, as long as those vehicles 

are ‘‘equipment used for the purposes of commercial filming activities or similar projects.’’ Such a sweeping change to the management of all federal lands and waters is unacceptable. 

As a result of these concerns, the U.S. Fish and Wildlife Service 

testified in opposition to H.R. 2798 at a subcommittee hearing on 

August 2, 2013, and we oppose the bill as well. 

PETER DEFAZIO, 

Ranking Member, Committee 

on Natural Resources. 

GREGORIO KILILI CAMACHO

SABLAN. 


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